Jacoves Liquors, Inc. v. State Liquor Authority

Appellate Division of the Supreme Court of New York

Jacoves Liquors, Inc. v. State Liquor Authority

30 A.D.2d 820, 292 N.Y.S.2d 719, 1968 N.Y. App. Div. LEXIS 3463

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 8, 1968

StatusPublished

This text of 30 A.D.2d 820 (Jacoves Liquors, Inc. v. State Liquor Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jacoves Liquors, Inc. v. State Liquor Authority, 30 A.D.2d 820, 292 N.Y.S.2d 719, 1968 N.Y. App. Div. LEXIS 3463 (N.Y. Ct. App. 1968).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to annul a determination of respondent which (1) found that petitioner'had advertised liquor prices in violation of statute and (2) imposed a $500 bond claim and suspended petitioner’s retail package store liquor license for 10 days, the suspension to be temporarily deferred upon payment of the bond claim. Determination annulled, on the law, without costs. No questions of fact have been considered. In our opinion, petitioner did not publicize “the price” (Alcoholic Beverage Control Law, § 105, subd. 19) of liquor by newspaper advertisements such as “22% OFF Save over 1.20 QUART”, “ save more than 22% ”, and “ SAVE OVER $4 on 3 Pack ”, Potential customers could not know what the price was, what the cost was or the amount of money they would have to spend until they patronized the store. Accordingly, under the circumstances herein, the advertisements did not violate the law or the spirit of the statute (see Matter of Great Eastern Liq. Corp. v. State Liq. Auth., 30 A D 2d 307). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 to annul a determination of respondent which (1) found that petitioner'had advertised liquor prices in violation of statute and (2) imposed a $500 bond claim and suspended petitioner’s retail package store liquor license for 10 days, the suspension to be temporarily deferred upon payment of the bond claim. Determination annulled, on the law, without costs. No questions of fact have been considered. In our opinion, petitioner did not publicize “the price” (Alcoholic Beverage Control Law, § 105, subd. 19) of liquor by newspaper advertisements such as “22% OFF Save over 1.20 QUART”, “ save more than 22% ”, and “ SAVE OVER $4 on 3 Pack ”, Potential customers could not know what the price was, what the cost was or the amount of money they would have to spend until they patronized the store. Accordingly, under the circumstances herein, the advertisements did not violate the law or the spirit of the statute (see Matter of Great Eastern Liq. Corp. v. State Liq. Auth., 30 A D 2d 307). Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

30 A.D.2d 820, 292 N.Y.S.2d 719, 1968 N.Y. App. Div. LEXIS 3463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacoves-liquors-inc-v-state-liquor-authority-nyappdiv-1968.